Are there competing options, or are they a monopoly?
There's nothing as good as hard verifiable data—even if regulators play hardball and favor ISPs then you've the evidence to whip up political action (claim biased decisions, etc.).
Layer 2 = their infrastructure connects you to the internet
Layer 3 = theyre literally just a reseller, DTAG is providing your internet connection, the ISP just billing etc.
Some apartment buildings exlusively offer DOCSIS via a single provider (as there's never been any unbundling of the DOCSIS "local loop"; presumably under the assumption that a landline will always be available anyway?).
If that one provider is oversubscribed, you're pretty much out of luck.